How should drivers be tested for alcohol?

How should drivers be tested for alcohol intoxication?

Good afternoon, dear reader.

Most domestic motorists are law-abiding and do not even entertain the thought of driving while intoxicated. A responsible driver will not face loss of license for driving while intoxicated.

Nevertheless, any driver should understand the procedure for checking for intoxication. This is necessary at least in order to prevent abuses by traffic police officers and not receive undeserved punishment.

This article discusses the rules for conducting a driver examination for alcohol intoxication in 2019:

First of all, I want to note that the decisive attitude of the driver in 90 percent of cases will scare away the traffic police officers, and no examination for intoxication will be carried out at all.

In the audio lessons of the free course “Secrets of Communication with the Traffic Police” it is constantly mentioned that the driver’s main goal is to prevent the traffic police officer from committing illegal actions. To achieve this, all administrative actions performed by the inspector should be documented. These questions are discussed in more detail in the audio course, and if you haven’t listened to it yet, I recommend starting to study:

Standard driver testing for intoxication

The goal of a “bad” traffic police officer is to deprive a law-abiding citizen of his driver’s license or to obtain a good bribe from him.

Therefore, communication with a “bad” inspector usually begins with hints that the driver is suspected of driving while intoxicated. In practice, many drivers only need a hint to “resolve the issue on the spot.” This is especially true for car owners who actually consumed alcoholic beverages in the previous days.

Most often, the inspector begins communication with the phrase: “You seem to be driving the car unsurely, comrade driver.” This phrase should not confuse you. It is best to immediately record the badge number of the traffic police officer and write down the details of his official ID.

If the driver does not fall for the inspector’s first phrase, then a proposal appears regarding an intoxication examination . Moreover, this proposal can be made very simply. The driver is asked to blow into a breathalyzer of unknown origin, which may be counterfeit or configured to produce results in the interests of the inspector.

interview begins regarding subsequent prospects. In this case, the driver found himself in a difficult situation, from which it is quite problematic to get out without losses.

Therefore, it’s time to move on to considering the correct procedure for testing for alcohol intoxication.

The correct procedure for checking a driver for intoxication

So, the first action that a traffic police officer must take, according to the administrative regulations of the Ministry of Internal Affairs, is to remove the driver from driving.

1. Removal from driving a vehicle

The procedure for removal is described in detail in paragraphs 223-225 of the administrative regulations. In this article I will only touch on the most important points.

a) If a traffic police officer reveals signs of intoxication in the driver, then this is sufficient grounds for removal from driving. of intoxication include:

smell of alcohol on the breath,
instability of posture,
speech disorder,
a sharp change in the color of the skin of the face,
behavior that is inappropriate to the situation.

b) Removal must take place in the presence of two witnesses or using video recording.

c) When you are suspended from driving a car, a protocol is drawn up, i.e. written confirmation of removal.

The presence of witnesses and the need to draw up a protocol can “scare off” an unscrupulous inspector who is engaged in catching sober drivers in exchange for bribes.

Therefore, you should not blow into the breathalyzer of a traffic police officer immediately after stopping. First, require the preparation of documents on removal from management.

2. Examination for alcohol intoxication

Testing for intoxication has its own characteristics, which are discussed in paragraphs 227-232 of the administrative regulations of the traffic police.

a) The grounds for conducting an examination for intoxication are the signs listed above. Just in case, I’ll list them again:

smell of alcohol on the breath,
instability of posture,
speech disorder,
a sharp change in the color of the skin of the face,
behavior that is inappropriate to the situation.

b) Before taking the measurement, the traffic police officer must tell you what he will do and show that he is using a high-quality breathalyzer. Those. he must familiarize you with the documents on the verification of the device and show that the mark on the device is intact.

c) When determining the presence or absence of intoxication, the permissible error of the device .

d) Based on the results of the inspection, a special document is drawn up - an alcohol intoxication examination report . It is signed by the driver, inspector and witnesses , who in turn had to be present during the inspection and monitor the correctness of the actions of the traffic police officer.

Note. To test for alcohol intoxication, it is necessary to have two witnesses or use a video recording.

3. Medical examination for intoxication

Well, the last procedure that we will talk about today is a medical examination for alcohol intoxication. It is not necessary, but if you do not agree with the results of the breathalyzer, then a medical examination is the only legal chance to avoid deprivation of your rights.

To carry it out, you must indicate in the act from paragraph d) that you do not agree with the results of the examination and require a medical examination to determine the state of alcohol intoxication.

A referral for a medical examination for intoxication has the following features:

a) The referral is carried out in the presence of two witnesses or using video recording.

b) A protocol on referral for a medical examination for intoxication is drawn up, which is signed by witnesses.

c) Traffic police officers are required to escort the driver to the place of medical examination (to the appropriate institution). If the medical check does not reveal intoxication, the police must take the driver and back to his vehicle.

The medical examination itself is carried out according to the rules established by the Ministry of Health and discussed in a separate article:

Let's summarize this article. To check the driver for intoxication, the traffic police officer must draw up several protocols and involve witnesses several times (a video recording can be used instead of witnesses). If the purpose of the inspection is not to identify a violator, but to carry out a setup, then the inspector is unlikely to want to bother with documents and attract additional witnesses. It is much easier to stop the next driver who does not know the rules for testing for intoxication, and simply ask him to “blow into a straw.”

So if you don’t remember some details, then read the article again and study the administrative regulations of the traffic police.

In addition, I recommend that you listen to the free audio course “Secrets of communication with the traffic police.”

Well, in conclusion, I suggest you watch a funny video about a non-standard test for intoxication:

The procedure for conducting a medical examination of drivers for intoxication

Driving a vehicle while drunk is a serious administrative offense. For this, the motorist risks being left without a license for one and a half to two years. A drunk road user is dangerous both for other drivers and for pedestrians. Considering this fact, traffic police officers are obliged to take all measures to prevent such administrative violations. Therefore, when you are intoxicated, State Traffic Inspectorate employees have the right not only to remove you from driving, but also to conduct an alcohol intoxication examination or take you to a medical facility for a similar procedure. The examination must be carried out according to the rules established by Russian legislation. But in some cases, traffic police inspectors neglect these rules and do not comply with the procedure for medical examination for intoxication in 2019, thereby violating the driver’s rights. To avoid such situations, a motorist needs to know the procedure for testing for alcohol intoxication in 2019.

A medical examination is not carried out immediately after the inspector has stopped the violator’s car. This procedure is preceded by the removal of the driver from the vehicle and an initial examination, which helps to verify the presence or absence of alcohol intoxication. Based solely on the results of the initial inspection, the traffic police inspector will be able to send the motorist to a medical facility for further examination.

Therefore, when an inspector suggests blowing into a breathalyzer without first drawing up an appropriate protocol, the driver has the right to refuse such a procedure.

The procedure for conducting a medical examination by a traffic police officer

The procedure for inspection and certification is as follows. If the police officer sees that the driver has all the signs of alcohol intoxication (shaky hands, awkward gait, redness of the face, incoherent speech, inappropriate behavior, the smell of alcohol), he has every reason to conduct an examination. Then the inspector is obliged to prevent the driver from further driving the vehicle.

Removal from driving a vehicle

If a traffic police officer finds all signs of alcohol intoxication in the driver, this is the basis for a subsequent examination. To carry out the procedure, the police officer must find two witnesses. Without them, the examination will not be carried out. An alternative option in such cases is a video recording made by the traffic police inspector himself. If the policeman chooses the second option, then the search for witnesses is eliminated. Then he draws up a protocol in which all the circumstances are recorded. The protocol is a written confirmation that the driver is suspended from driving.

Driver examination

The basis for the conduct of the examination procedure is the same signs as given above. Before carrying out all measurements, the traffic police officer must tell the driver everything about the device that will be used during the procedure. It is important that the police officer has all the documents for this device. The breathalyzer must have a seal. If the device is not sealed, you can refuse to undergo the procedure. Inspection is carried out only using certified instruments.

After the inspector explains the rules for using the device, it is necessary to begin examining a sample of the air exhaled by the driver. To do this, the subject must exhale into the mouthpiece of the device before the sound signal sounds. The inspector must demonstrate the results produced by the device to the driver and two witnesses. The permissible rate is 0.2 ppm . Based on the results of the inspection, the inspector must draw up a special inspection report, which records all the information. If the driver does not agree with the results of the study, then the next step will be an examination at a medical institution.

The procedure for conducting a medical examination for intoxication in a medical institution

The procedure for testing for alcohol is the same for all drivers. A referral for a medical examination to vehicle drivers in 2019 is also issued in the presence of two witnesses. The inspector must draw up a report indicating that he has been sent for a medical examination. The protocol must be signed by attesting witnesses.

After the procedure for testing drivers for alcohol intoxication at a medical facility, the driver must be accompanied by a traffic police inspector. If, as a result of the alcohol testing procedure, it is not revealed that the driver is under the influence of alcohol or drugs, State Traffic Inspectorate employees are obliged to deliver the driver to the car from which he was removed from driving.

Medical examination is carried out in health care institutions that have the appropriate license. Only specially trained healthcare workers are allowed to perform the procedure. If the driver refuses to go to a medical facility to undergo an examination, this is regarded as confirmation of intoxication. The driver does not have the right to refuse the procedure if he is already in a medical facility. In such situations, he will automatically be deprived of his rights for a period of one and a half to two years and receive a fine of 30,000 rubles . In a medical facility, the driver is also checked using a breathalyzer. The driver also needs to donate blood or urine for chemical and toxicological studies. The results obtained are indicated in the alcohol intoxication examination report, drawn up in triplicate (for the medical institution, for the traffic police and for the driver).

Changes in the procedure for conducting medical examinations in 2016

In March 2016, Order No. 933N came into force, which specified the new procedure and rules for medical examination. Unpleasant news for those who refuse to be examined by traffic police officers. Now, when examined in a medical institution, it is mandatory not only to use a breathalyzer, but also to submit biological material (urine, blood) for analysis. Such a test will also indicate the fact that the driver has used marijuana and other drugs.

The new procedure for medical examination from March 26, 2016 is the same for pedestrians, employees of enterprises, and drivers. The innovations also affected those citizens who take certain medications. Now you can get drunk from drugs. A positive result is indicated in cases where the driver is taking medications that impair physical and mental functions and entail adverse consequences during actions that are associated with a source of increased danger.

About the new procedure for medical examination - watch the video:

The procedure for testing for alcohol: the procedure and results

On holidays, traffic police officers stop drivers with particular diligence to check for alcohol consumption. For some this is a logical precaution, for others it is a chance to increase their earnings, but in any situation the examination must be carried out in accordance with the procedure established by law. What does it look like, when is such a procedure mandatory and is it possible to refuse it?

What is an alcohol intoxication test?

Methods of medical examination by specialized doctors and additional instrumental and laboratory studies aimed at confirming or refuting the assumption of alcohol intoxication - this is how lawyers formulate the definition of the concept of “examination for alcohol.” These procedural actions are carried out in a situation where the driver is suspected of being drunk, which is an offense and entails legally significant consequences.

Traffic police officer

Primary testing for alcohol is carried out at the moment when the driver is stopped by a traffic police inspector, so the examination is carried out not by a doctor, but by the same employee. The procedure is carried out on site or at the nearest traffic police department, where the driver is transported by traffic police officers, since even with this option of testing for ethyl alcohol in the blood, according to the established procedure, the driver is removed from driving the vehicle. If the result is negative, traffic police officers will also take the driver back to his car.

Medical examination for intoxication

In most situations, the initial stage of a sobriety test, which involves the use of a compact breathalyzer by a traffic police officer, is the only thing necessary. Medical examination is used only if there are serious reasons not related to the accidental detention of the driver, or during a routine check, which is no longer a mandatory measure for all car owners. Subtleties of this procedure:

The driver is also escorted to the place of inspection and back by traffic police officers, since the suspension from driving the vehicle continues to apply.
A medical examination can be requested by the person driving if he does not agree with the results obtained during the breathalyzer test.
It is possible to use several methods, the choice between which is made by a specialist.
The result of such procedural actions is considered more reliable due to the highly qualified specialist and rare violations in the examination.

Regulatory framework

All legal issues that explain the procedure for alcohol testing that are relevant today can be read in several legislative and regulatory acts. Every vehicle owner, even those who do not have an alcohol addiction, should familiarize themselves with them. The regulatory framework consists of:

Code of the Russian Federation on Administrative Offenses (dated December 30, 2001).
Government Decree 475, which came into force in 2008, on the examination of persons who drive a vehicle.
Order of the Ministry of Health of the Russian Federation No. 308 (2003).
Order of the Ministry of Internal Affairs of the Russian Federation No. 185 (2009).

Reasons for carrying out

A traffic police officer cannot stop a car and require the person driving to perform a breathalyzer test without proper grounds. The most common are physiological signs of alcohol intoxication of varying degrees of intensity, traffic violations, which suggest the intoxication of the person sitting behind the wheel. Participation in an accident is more significant. The main signs indicating that there was consumption of alcohol-containing substances are named by the Decree of the Government of the Russian Federation and the order of the Ministry of Social Development:

The presence of a characteristic odor of alcohol emanating from the detainee.
Violation of coherence of thinking and speech.
Problems with coordination of movements (slow reactions or increased agitation, tremor of fingers, instability of posture).
Paleness of the skin, its hyperemia, marbling.
Inappropriate behavior – both on the road and during communication with a traffic inspector. This may include failure to comply with the speed limit, driving into the oncoming lane and other traffic violations.

Under what circumstances is it necessary to undergo examination in the absence of signs of intoxication?

The breathalyzer test conducted by the traffic police inspector is considered not the most reliable due to the imperfection of the device used - if there are any doubts about the results, the driver can receive a referral for a medical examination. Order of the Ministry of Internal Affairs No. 780 dated August 13, 2012 implies requiring such a procedure to be carried out according to the established procedure in the event that:

The driver refuses to be tested by both a breathalyzer and a medical professional. Even if he has an adequate condition and he presents documents according to which a certain amount of alcohol vapor may be observed in his blood: while taking drugs sodium etaminal, benzodiazepine, amphetamine, etc.
There are suspicions that the driver was involved in the accident.
The driver's participation in the car accident and the guilt for causing the injuries have been established.

Procedure for testing for intoxication

On holidays, the procedure for communicating with traffic inspectors often looks crumpled: they stop the driver, hint at his drunkenness and, for testing, hold a breathalyzer to his face with a requirement to breathe. Such a scheme violates the legal procedure for medical examination for alcohol, since it may lead to a proposal to “resolve the issue quickly” or involve the use of a counterfeit device configured to produce incorrect data. Everything should happen differently:

The traffic police officer, who introduced himself and presented his identification, removes the person behind the wheel from driving the car. This is done in front of independent witnesses or using a video camera. To prevent cases of inappropriate behavior, you can record on a voice recorder. A legal protocol must be drawn up.
The inspector conducts an initial inspection, having previously described the procedure for its implementation. Based on the results of this stage, an act is drawn up, which is signed by several people, including witnesses.
If the driver disagrees with the results of the check at the traffic police station, the procedure for undergoing the procedure in a medical institution or mobile laboratory comes into force.

It is important to pay attention to the issue of the presence of witnesses: independent witnesses who monitor actions and have the right to make comments during the process. Police officers cannot be called to play their role - these are only independent persons who have reached the age of majority and are aware of their rights and responsibilities received in the event of accepting the status of witnesses. Their presence is mandatory throughout the entire procedure, and at the very end they sign the protocol together with the driver and the inspector. It is important for the person being checked:

Check the identity of the witnesses as recorded in the protocol and indicated in their identification.
Find out whether witnesses are ready to be present in court to testify if necessary. In case of refusal, a change of independent witnesses is allowed.
Make a note on a special form or an administrative offense report that the witness was invited after the paperwork was completed.

Initial examination by a traffic police inspector

Before starting all the procedures, the detaining person lists the reasons why it was decided to carry out the check: demonstrates the traffic violations recorded by a special device and lists the signs of alcohol intoxication identified during the conversation. The most striking are disturbances in speech, coordination, thinking, loss of stability, changes in skin color and the presence of a characteristic odor of alcohol. Even the presence of one of the signs is considered a good reason for checking. The procedure for the primary breathalyzer test implies:

Drawing up the protocol.
A full explanation of all aspects of the procedure by a traffic police officer, demonstration of the serviceability of the equipment used with the seal not broken. Providing data on instrument errors.
Recording the state of the vehicle driver and the entire procedure on a video camera is a prerequisite if there are no witnesses.

Among the traffic inspectors there are also a number of illegal tricks that violate the general scheme of the examination procedure using a breathalyzer and lead to the receipt of distorted data. Among the most common and ignored by uninformed citizens behind the wheel:

A breath alcohol vapor measurement taken in a patrol car where alcohol has been spilled.
When using a breathalyzer mouthpiece, a small amount of alcohol is introduced inside. You can prevent this situation by asking to take a control breath of air with the mouthpiece already on: the tester will stop working if there is already alcohol inside.

Detecting alcohol content using a breathalyzer

The main method of testing for alcohol by traffic police officers is the use of a special mobile device - a breathalyzer, and each driver should clearly understand the principle of operation of this device and the procedure for its participation. Before the examination begins, the traffic police inspector demonstrates a breathalyzer, the stamp of the state verifier on which has not lost its integrity (excludes the demonstration of incorrect readings), or which is accompanied by:

certificate of verification;
verification record made in the breathalyzer passport.

According to the procedure for testing for alcohol using a breathalyzer, the results of the study must be recorded on paper, and the device itself must be tested by the Federal Agency for Technical Regulation and Metrology. It is used strictly according to the instructions, the main points of which should be remembered:

The ambient air temperature is not lower than 5 degrees below zero.
The instrument error is entered into the protocol. Most traffic police officers use breathalyzers with an error not exceeding 0.048 mg/l.
An air sample cannot be taken with a breathalyzer after smoking, eating, or taking medications. According to the procedure established by law for testing for alcohol, a traffic police officer must clarify this point and, if necessary, wait half an hour before conducting a breathalyzer test.

Acceptable thresholds for the amount of alcohol in a driver's body have changed even over the past few years. According to documents from 2017, the maximum value is 0.16 mg in 1 liter of exhaled air. If this norm is exceeded, the traffic police officer may recognize the driver as drunk, even if the reason is taking alcohol-containing medications, and submit documents to apply an administrative penalty. The procedure for testing for alcohol using such a device step by step is as follows:

The packaging containing the mouthpiece is opened in front of the person being tested (proof that it is sterile).
The breathalyzer turns on in test mode with the mouthpiece attached. The screen should display “no alcohol detected.”
The person being tested exhales into the mouthpiece until a signal sounds.
The results displayed on the screen are shown to all participants in the procedure and printed in 3 copies: for the driver, the inspector and the archive. The data is being verified.

Removal of a driver from driving a vehicle if there is alcohol in the body

When the fact of intoxication is established, an extract with the results is attached to the main alcohol test report. The owner of the vehicle pays a fine of 30,000 rubles. and is deprived of a driver's license for 2 years if this is the first offense. If it is repeated, the fine increases to 50,000 rubles, and the period of deprivation of a driver’s license is up to 3 years. The owner of a car who did not take a breathalyzer test may also receive an administrative penalty if the vehicle was driven by a person in a state of intoxication.

Registration of inspection results

During the preparation and subsequent signing of the protocol, you should be careful: carelessness can lead to the use of the entered data against you. You should not write anything under dictation and confirm the act with a signature without bothering to check the wording drawn up. The protocol specifies the date (with time) and place of suspension from driving, and the reasons on which this occurred. Rank, position and surname of the inspector, driver details, characteristics of the vehicle, information about witnesses. Afterwards, 2 outcomes are relevant:

Confirmation of the protocol with a signature - cancellation of further actions, agreement with the established fact of intoxication or lack thereof.
Refusal to sign – receipt of a referral for a medical examination.

Signing the protocol

If, based on the results of the procedure, the driver agrees with the indicators of the certified alcohol meter reflected in the protocol, he signs the papers, agreeing with the established fact of driving while intoxicated or refuting this assumption. No further alcohol tests are carried out, the traffic police officer returns the detainee to the vehicle, and the situation is put to rest.

Refusal to sign the protocol

If the breathalyzer data is in doubt, you can formalize this as “I do not agree with the protocol” in the acts requiring confirmation. It is also impossible to leave them without a signature, since a note of refusal will be made by the inspector, which will lead to its subsequent use against you. In such a situation, the result is a referral for a medical examination.

Alcohol testing. How should a traffic police officer and a driver behave?

During the holidays, drivers are often stopped to check for alcohol intoxication. For some traffic police inspectors it is a conscientious performance of their duties, for others it is a way to earn money. But both of them must comply with certain rules for the verification procedure. If a sober driver knows them, then he can protect himself from unpleasant consequences in the form of deprivation of his license and large fines.

The main documents regulating the actions of traffic police officers are the Administrative Regulations of the Ministry of Internal Affairs for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety (Articles 126–135) and the Rules for examining the person who drives the vehicle for condition alcohol intoxication and registration of its results, sending the specified person for a medical examination for intoxication, medical examination of this person for intoxication and recording its results.

After the traffic police officer stopped the car and introduced himself, he must explain the reason for the stop. In this material we consider one reason - “testing for alcohol intoxication.” It can be carried out either as part of a special raid or individually.

Reasons for verification

In accordance with the rules, a traffic police officer may have one of five or more reasons to doubt the driver’s sobriety:

smell of alcohol on the breath;
instability of posture;
speech disorder;
a sharp change in the color of the skin of the face;
behavior that is inappropriate to the situation.

Usually a “confidential” conversation begins: “Somehow your eyes are red. Somehow you are driving uncertainly. Did you drink anything before leaving? Did you drink anything strong yesterday?” etc. You should not rely on a friendly tone and start talking about your personal life. If a representative of the law has any suspicions, let him check according to the rules, and not hint at a possible “resolution of the issue on the spot.”

Preparatory stage

1. Before the inspection, the driver must be suspended from driving the vehicle. In this case, a protocol must be drawn up, which indicates: date, time, place, grounds for removal from control, position, special rank, surname and initials of the employee who drew up the protocol, information about the vehicle and the person in respect of whom this security measure was applied proceedings in a case of an administrative offense. When drawing up a document, two witnesses must be present.

2. The traffic police officer is obliged to describe to the driver the entire upcoming procedure and demonstrate a technical measuring instrument (the devices are called breathalyzers or breathalyzers) with an intact seal on which the stamp of the state verifier is read. The device must be equipped with a verification certificate or a verification record in the passport of the technical measuring instrument.

3. During any test for alcohol intoxication, two witnesses must be present.

If you were stopped by a traffic police officer whose goal was to get easy money, then most likely the driver’s requirement to comply with all procedures and his calm, confident behavior should moderate the ardor of the representative of the law.

On-site inspection

The driver can be checked on the spot or, if the inspector does not have the necessary technical equipment, at the nearest traffic police post.

1. The breathalyzer must be turned off. The disposable mouthpiece must be in individual packaging, which is opened in front of the driver and witnesses.

2. The first activation of the breathalyzer with a new installed mouthpiece is a test. Air is taken from the environment, and the device should show: “No alcohol detected.” If this does not happen and the message “Alcohol content N mg/l” appears, you need to turn off/on the breathalyzer again or ask to change the mouthpiece.

Paying attention to the little details described above can be very important. There are known cases when alcohol was injected into the mouthpiece or cotton wool soaked in alcohol was placed.

3. The driver must exhale into the mouthpiece before the sound signal.

4. The readings from the device must be shown to the driver and witnesses on the breathalyzer monitor and printed out in triplicate. Each of them is attached to the inspection report: one is given to the driver, the second is taken by the traffic police officer, and the third remains for the archive. It is very important to check all three to ensure that the test time matches the time shown by the device. The fact is that breathalyzer measurements are stored in the device’s memory for some time. And they can print out the result of the previous and, most likely, positive measurement.

5. Please fill out the inspection report carefully. If the device showed the absence of alcohol in the body, then in the column of the “Device readings” report the inscription “Zero, no alcohol detected” should appear. In the column “Result of the examination” - “The state of alcohol intoxication was not established.” The columns must be filled out in words so that it is not possible to add numbers greater than 16 to “0” (the permissible norm is 0.16 milligrams per liter of exhaled air). The driver must keep a completed copy of the protocol. If it is not there, then the possibility of the traffic police officers’ own vision of the situation, when “the driver fled the testing site,” cannot be ruled out.

6. The verification procedure can be repeated after 20 minutes, and the second result will be considered the main one. If this time is not met, then you can challenge the inspection in court. The second time, the entire procedure should be repeated from start to finish with a test air intake and a new mouthpiece.

Positive result

If, after completing the procedure, the message “Alcohol content N mg/l” appears on the screen, and the driver is sure that he is sober, it is necessary to request a medical examination. First of all, in the protocol drawn up after the on-site inspection, in paragraph d) you must indicate that you do not agree with the results of the examination and require a medical examination to determine the state of alcohol intoxication. Doctors have more accurate instruments that calculate the measurement error.

A protocol is drawn up regarding the referral for a medical examination, which is signed, among other things, by two witnesses. They must accompany the driver and inspector to the medical facility. Delivery to the medical facility is carried out by a traffic police officer, and if the examination shows the absence of alcohol, then the driver is returned to his car.

The driver must undergo a medical examination where the traffic police officer took him. A request to contact another institution may be interpreted as a refusal to undergo examination.

Some tips and tricks.

There is no need to immediately “blow into the tube” at the first request - ask to follow the procedure.

Do not refuse the procedure for undergoing a medical examination - this will automatically lead to a fine of 30,000 rubles and deprivation of rights for a period of 1.5–2 years (Article 12.26 of the Code of Administrative Offenses of the Russian Federation). The same result will happen if you sign a document refusing to undergo a medical examination.

The driver may refuse the on-site inspection and ask to be sent directly for a medical examination. The results of such an examination are always more accurate.

If the results of a medical examination are in doubt, you can undergo an examination in the next 5 hours at an independent institution that has the necessary licenses for this procedure. The more documents that indicate that the driver did not contain alcohol in his body, the greater the chances of proving that during the initial examination he was not intoxicated.

Recording the inspection process on a video recorder or recording a conversation on a voice recorder can become evidence in your favor.

If you understand that a traffic police officer is scamming you, remember his details and file a complaint by calling the helpline (495) 694-92-29 or through the traffic police website.

So, to check the driver for intoxication in compliance with all procedures, the traffic police officer must draw up several protocols and involve witnesses several times. This should stop the greedy inspector. It will be easier for him to stop the next driver, who, due to his illiteracy, may end up in a setup.

Get behind the wheel in the morning after yesterday and how to get tested for intoxication?

Let's consider a situation that is familiar to many - we drank in the evening, and in the morning we need to drive. How to determine whether you can drive after drinking alcohol in the evening?

Let’s say right away that you can’t be a little drunk. According to the law, a person is either sober or not.

Can I drive or not after drinking alcohol yesterday?

And so - morning. Forget all the tables on the time of withdrawal of alcohol from the body - focusing on them is like determining the height of a person, focusing on the average height of the entire population. The main indicator is how you feel. Any doubt should be considered against the need to drive. Moreover, you should not expect to “slip through”. At the slightest suspicion, the inspector will make a decision not in your favor.

What are his reasons for this? This is stated in the Administrative Regulations of the Ministry of Internal Affairs - paragraph 227.1.

The driver of the vehicle has one or more of the following signs:

smell of alcohol on the breath;
instability of posture;
speech disorder;
a sharp change in the color of the skin of the face;
behavior that is inappropriate to the situation.

The presence of at least one of these signs guarantees at least a purge on the breathalyzer. Even if such signs are not observed, but you are not feeling well, you should also avoid driving. This is established by the Road Traffic Rules.

2.7. The driver is prohibited from:

drive a vehicle while intoxicated (alcohol, drugs or other), under the influence of medications that impair reaction and attention, in a painful or tired state threatening traffic safety;

The main thing is to feel well and not have even the smallest doubts that alcohol still remains in the body.

If you still decide to get behind the wheel, you need to understand that a slight “smell” after last night and a person who can hardly stand on his feet are, according to the law, one and the same person “in a state of intoxication” and the responsibility for this is the same.

The procedure for taking an alcohol intoxication test

The diagram shows the main stages of undergoing an alcohol intoxication test, indicating the regulations that are applied in this process.

Print or save to your smartphone.

Memo on testing a driver for alcohol intoxication

When an inspector has suspicions and has subjectively identified one of the signs of alcohol or drug intoxication, he must conduct an examination procedure in full compliance with the requirements of the law. Inspectors do not always act in the interests of the law, so in order to avoid becoming a victim of such employees, you need to know at least the general stages of undergoing an examination. Do not refuse or sign a waiver under any circumstances. (Part 1.1 of Article 27.17 of the Code of Administrative Offenses of the Russian Federation)

on-site examination by a traffic police officer and a medical examination by an employee of a medical institution.

Removal from management

The first step is to draw up a protocol on suspension from driving. The protocol is drawn up in the presence of two witnesses or using video recording. (Part 3 of Article 27.17 of the Code of Administrative Offenses of the Russian Federation)

Please note that when using video recordings, the presence of witnesses is not necessary. (Part 2 of Article 27.17 of the Code of Administrative Offenses of the Russian Federation)

Form of protocol on suspension from driving a vehicle

The driver has the right to refuse an on-site examination, and the traffic police officer must issue a referral for a medical examination for intoxication.

Test for intoxication

The examination for intoxication is carried out by a traffic police officer using a breathalyzer with a function for printing results.

The examination is carried out at the place of removal from control or at the nearest stationary traffic police post, in the absence of equipment.

Printout of the results of the examination for intoxication

The result of the examination must be printed.

The result is positive

If the result is positive, the state of intoxication will be considered established, which is recorded in the alcohol intoxication examination report in the approved form.

Alcohol intoxication test form

The driver may not agree with the results of the examination - in this case, the inspector is obliged to send for a medical examination. You need to be careful when signing all documents. Unscrupulous police officers may, instead of disagreeing with the results of the examination, submit a refusal to undergo a medical examination, which in terms of liability is tantamount to being intoxicated. Be careful.

The result is negative

If the result is negative, but the employee has reasonable grounds to believe that the driver is intoxicated, he has the right to additionally refer the driver for a medical examination.

When conducting an examination at a stationary post or other department of the Ministry of Internal Affairs, the result is negative and there are no sufficient grounds to believe that the driver is intoxicated, the driver must be taken to the place where his vehicle is located. (Regulations of the Ministry of Internal Affairs - paragraph 233)

233. If the examination for the state of intoxication is carried out at the nearest stationary post, in another premises of the internal affairs body, if the result of the examination for the state of intoxication is negative and there are no grounds for sending for a medical examination for the state of intoxication, the person is transported to the place of removal from driving a vehicle or to the location of his vehicle.

Medical examination for alcohol intoxication

When sent for a medical examination, the vehicle is detained.

Vehicle detention protocol

There are three grounds for referral for a medical examination for intoxication. (Part 1.1 of Article 27.17 of the Code of Administrative Offenses of the Russian Federation)

upon refusal to undergo an alcohol intoxication test;
in case of disagreement with the results of the examination for alcohol intoxication;
if there are sufficient grounds to believe that the driver of the vehicle is intoxicated, and the test result for alcohol intoxication is negative.

We mentioned two of them above, the third is the driver’s refusal to undergo an on-site examination. Here it is also important to monitor the documents that the driver signs so that they do not issue a complete refusal to undergo the examination.

Referral form for medical examination for intoxication

Medical examinations can take place not only in institutions, but also in mobile medical units. (clause 14 of the Inspection Rules)

14. Medical examination for intoxication is carried out both directly in medical organizations and in mobile medical centers specially equipped for this purpose that meet the requirements established by the Ministry of Health of the Russian Federation.

If the result is negative, the driver must be taken to the place where his vehicle is located. (Regulations of the Ministry of Internal Affairs - paragraph 240)

240. If, based on the results of a medical examination for intoxication, a conclusion is made that the state of intoxication has not been established, the person is transported to the place of removal from driving a vehicle or to the location of his vehicle.

What is a state of alcoholic intoxication?

The definition of the fact of intoxication is described in the note to Article 12.8 of the Code of Administrative Offenses of the Russian Federation.

Administrative liability provided for by this article and part 3 of article 12.27 of this Code occurs in the event of an established fact of consumption of substances that cause alcohol intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total measurement error, namely 0.16 milligrams per liter of exhaled breath. air , or in the case of the presence of narcotic drugs or psychotropic substances in the human body.

The unit of measurement of a breathalyzer can be either milligrams per liter or ppm. Pay attention to this. The number 0.3 on a breathalyzer can confuse the driver, and the inspector may make “counter offers.” However, 0.3 ppm is approximately slightly less than 0.16 mg/l, that is, within the permissible error.

If you receive such a hint of a bribe, feel free to continue the examination. Here you already move to an attacking position. In the event of substitution of units of measurement, it is now in the interests of the inspector to get rid of the driver as soon as possible. In any case, the catch will have to be printed out, and at the medical examination, if it comes to him, everything will fall into place.

Units of measurement on a breathalyzer

To determine the state of alcohol intoxication, only breathalyzers are used to collect exhaled air. No other tests are provided.

Chemical and toxicological studies (Urine and blood tests) are carried out only to determine drug intoxication and only upon the direction of a medical professional .

For biomaterial

If suddenly an inspector suggests using a cup to collect biomaterial, refuse the on-site examination and request a referral for a medical examination. Once again. Read the documents you sign very carefully. It is possible that a complete refusal of examination will be added to the signature.